Legal Opinion

Caines v. Diakite

Appellate Division of the Supreme Court of the State of New York

Decided April 2, 2013PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered November 14, 2011, which denied defendant’s motion for summary judgment dismissing the complaint based on the failure to establish a serious injury pursuant to Insurance Law § 5102 (d), unanimously affirmed, without costs.

Defendant established prima facie his entitlement to judgment by showing that the injuries the 60-year-old plaintiff allegedly sustained to his cervical and lumbar spine and left knee were not serious injuries within the meaning of Insurance Law § 5102 (d). Plaintiff, however, has raised a triable issue of fact…

2Cases cited7 opinions

  1. Perl v. MeherNew York Court of Appeals · 2011
  2. Lee Yuen v. Arka Memory Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Williams v. Baldor Specialty Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  4. Williams v. PerezAppellate Division of the Supreme Court of the State of New York · 2012
  5. Biascochea v. BovesAppellate Division of the Supreme Court of the State of New York · 2012

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Johnson v. SalajAppellate Division of the Supreme Court of the State of New York · 2015
  2. Jallow v. SiriAppellate Division of the Supreme Court of the State of New York · 2015
  3. Franklin v. GareyuaAppellate Division of the Supreme Court of the State of New York · 2016
  4. Franklin v. GareyuaAppellate Division of the Supreme Court of the State of New York · 2016

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